Gonzales v. Spearman
Filing
16
ORDER Suspending Briefing Schedule and Directing Petitioner to Amend Petition Within Thirty (30) Days re 15 signed by Magistrate Judge Sheila K. Oberto on 12/16/2016. (Jessen, A)
1
2
3
4
5
6
7
8
UNITED STATES DISTRICT COURT
9
EASTERN DISTRICT OF CALIFORNIA
10
11
GABRIEL GONZALES,
12
Petitioner,
13
14
v.
No. 1:16-cv-01224-AWI-SKO HC
ORDER SUSPENDING BRIEFING
SCHEDULE AND DIRECTING
PETITIONER TO AMEND PETITION
M. ELIOT SPEARMAN, Warden,
15
Respondent.
(Doc. 15)
16
17
On December 1, 2016, Respondent filed an ex parte motion, requesting that the Court
18
order Petitioner to file a complete petition, that the scheduling order be suspended pending receipt
19
of an amended petition, and that a new schedule be ordered following submission of an amended
20
petition. In support of his motion, Respondent advised the court that the 24-page petition, as
21
filed, omitted hand-numbered pages 1, 9, 13, 15, and 21.
22
The Court has reviewed the petition as submitted to the Clerk to determine whether the
23
missing pages resulted from a scanning error by the Court and determined that the pages were
24
missing from the petition that Petitioner submitted to the Court for filing. As a result, the Court
25
will grant Respondent’s motion to permit Petitioner to submit an amended petition including all
26
pages.
27
///
28
1
1
Accordingly, it is hereby ORDERED:
2
1. Within thirty (30) days of this order, Petitioner shall submit to the Court for filing an
3
amended copy of his petition for writ of habeas corpus pursuant to 28 U.S.C. § 2254, including all
4
pages (pages 1 through 24). In the alternative, Petitioner may file with the Court a sworn
5
statement that, despite the nonconsecutive numbering of the petition, the petition is complete as
6
filed.
7
2. The briefing schedule set forth in the Order Requiring Respondent to File A Response
8
(Doc. 5) is suspended. Following Petitioner’s submission of an amended petition or statement
9
that the petition may proceed as originally filed, the Court shall issue an amended Order Setting
10
Briefing Schedule.
11
12
13
IT IS SO ORDERED.
Dated:
December 16, 2016
/s/
Sheila K. Oberto
UNITED STATES MAGISTRATE JUDGE
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
2
.
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?